Rule 7 of the Patent (Amendment) Rules, 2016

Earlier

(1)The fees payable under section 142 in for the grant of patents and applications and other matters shall be specified in the First Schedule.

  • Provided that ten per cent additional fee shall be payable when the documents are in hard copy format.
  • Provided that for small entities every document for which a fee has been specified shall be accompanied by Form-28.

(2)(a)The fees may be paid in cash or through electronic means or by bank draft/cheque to the Controller of Patents and drawn on a scheduled bank at the place where the appropriate office is situated. If the draft or cheque is sent by post the fees shall be considered paid on the date on which it would have reached the Controller by post/mail.

(2)(b) Cheques/drafts not including the correct amount of commission and cheques on which the full value specified cannot be collected in cash shall be accepted only at the discretion of the Controller.

(3A)  Where an application processed by a small entity is fully or partly transferred to a person other than a natural person, the difference in the scale of fees between the fees charged from a small entity and the fees chargeable from the person other than a natural person shall be paid by the new applicant along with a request for transfer.

(4) Fees once paid in respect of any proceeding shall not be refunded irrespective of whether the proceeding has taken place or not.

Total Amendments

The above rule was amended in the year 2005, 2006, 2014, and 2016.

Present

(1) No change

(2)(a) The fees payable may be paid at the appropriate office either in cash or through electronic means or by bank draft or cheque payable to the Controller of Patents and drawn   on a scheduled bank at the place where the appropriate office is situated. If the draft or cheque is sent by post, the fees shall be considered paid on the date on which it has actually reached the Controller.

(2)(b) Omitted

(3A) No change

(3B) New Insertion

  • An application processed by a start-up if fully or partly transferred to any person other than a natural person or to another start-up the difference in the scale of fees between the fees charged from a start-up and chargeable from such person to whom the application is transferred shall be paid by the new applicant along with the request for transfer.

(4)  Fees once paid in respect of any proceeding shall not ordinarily be refunded irrespective of whether the proceeding has taken place or not.

  • Provided that if the Controller is satisfied that during the online filing process the fee was paid more than once for the same proceeding then the excess fee shall be refunded.‖
  • New Insertion
  • (4A)Where withdrawal of an application for examination has been filed, but before issuance of first statement of objection, the fee may be refunded to the extent prescribed in the First Schedule only if a request is made by the applicant as per Form 29.

General Understanding

  • As per section 2(a) the fees could be paid in cash or cheque or bank draft as long as it is made to the Controller of Patents and drawn upon a bank at a place where the appropriate office is situated. Earlier it was required that if the payment is made by post then it would be considered to be paid on the day the post/mail reaches the Controller.
  • Presently, the payment maybe made in cash or bank draft or by electronic means at the appropriate office to the Controller of Patents and drawn upon a bank where the appropriate office is situated.
  • If the payment is made by post then it shall be considered as paid on the date it actually reaches the Controller.
  • A new insertion has been made as per Section (3B) – it requires that where the application process has begun and if such application is transferred partly or wholly to a start-up or anyone who is not a natural person then the difference in fees has to be paid by the applicant with a request for such transfer.
  • Under Section 4 if the Controller finds that fee was paid more than once for the same proceeding, then in such a scenario the excess fee can be refunded.
  • A new insertion has been made under Section 4 which states that after withdrawal application is filed and before first objection the fee maybe refunded to the extent prescribed in First schedule.

By Sanjana Shashikanth

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s